Articles

Introduction Mediation, whether court-connected, court-referred, or purely private, involves facilitated negotiations by a third party neutral. The neutral’s goal is to assist disputing parties in reaching voluntary, fully informed, and mutually accepted results. Mediation attendance may be voluntary or court-mandated. However, the outcome is binding only if the parties reach agreement and incorporate their settlement…

Introduction The New Jersey Supreme Court, which defines and regulates legal practice in our state, has repeatedly determined (including through its Committees on Unauthorized Practice, Professional Ethics, and Attorney Advertising) that the purpose of regulation is public protection, not economic protectionism. In my view, consumer protection is the best and only real argument for regulation…

Reporter Peter H. Lewis noted the following in the May 4, 2000, edition of “Circuits”, the technology section of the New York Times, at page G1: As if you haven’t already read or heard enough about the proposal to cleave Microsoft, you can follow the link and view the document in one of three formats:…

I have served as a New Jersey-based professional divorce mediator for 18 years, almost as long as I have been practicing law. Approximately 40% of my current litigation practice consists of family law cases. About 20% of my caseload involves matters in which I serve as a mediator. It is from this dual perspective that…

The anticipated wave of court-referred civil and family mediations represents a golden opportunity here in New Jersey. The court system and the private mediation community should work to produce the best of all possible worlds: efficient case processing coupled with fair, creative, and satisfying resolutions. If mediation referrals are intended to mitigate the oft-heard complaint…